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The origins of article III "arising under" jurisdiction.
- Article from:
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Duke Law Journal
- Article date:
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November 1, 2007
- Author:
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Copyright informationCOPYRIGHT 2007 Duke University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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ABSTRACT
Article III of the Constitution provides that the "judicial Power" of the United States extends to all cases "arising under" the Constitution, laws, and treaties of the United States. What the phrase "arising under" imports in Article III has long confounded courts and scholars. This Article examines the historical origins of Article III "arising under" jurisdiction. First, it describes English legal principles that governed the jurisdiction of courts of general and limited jurisdiction--principles that animated early American jurisprudence regarding the scope of "arising under" jurisdiction. Second, it explains how participants in the framing and ratification of ...
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